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Insurance Companies Act (S.C. 1991, c. 47)

Act current to 2022-05-02 and last amended on 2021-06-30. Previous Versions

PART XIIFraternal Benefit Societies (continued)

Liquidation and Dissolution of a Society (continued)

General (continued)

Marginal note:Recovery

 If at any time a person establishes an entitlement to any money paid to the Receiver General under this Part, the Receiver General shall pay an equivalent amount to that person out of the Consolidated Revenue Fund.

  • 1997, c. 15, s. 298

Marginal note:Custody of records after dissolution

 A person who has been granted custody of the documents, records and registers of a dissolved society shall keep them available for production for six years after the date of the dissolution of the society or until the end of such shorter period as may be ordered by the court when it orders the dissolution.

  • 1997, c. 15, s. 298

PART XIIIForeign Companies

Interpretation

Marginal note:Definitions

 In this Part,

association

association means an association of persons formed in a foreign country on the plan known as Lloyd’s, whereby each member of the association participating in a policy becomes liable for a stated, limited or proportionate part of the whole amount payable under the policy; (association)

chief agency

chief agency means the principal office of a foreign company in Canada; (agence principale)

chief agent

chief agent, in respect of a foreign company, means the natural person appointed pursuant to subsection 579(3) and named as such in the power of attorney referred to in paragraph 579(1)(b); (agent principal)

exchange

exchange means a group of persons formed in a foreign country for the purpose of exchanging reciprocal contracts of indemnity or inter-insurance with each other through the same attorney, where the principal office of the exchange is in a foreign country; (groupe d’échange)

foreign entity

foreign entity means an entity incorporated or formed by or under the laws of a country other than Canada, and includes an association and an exchange; (entité étrangère)

foreign fraternal benefit society

foreign fraternal benefit society means a fraternal benefit society incorporated outside Canada; (société de secours étrangère)

foreign life company

foreign life company means a foreign company that is authorized to insure risks that fall within the class of life insurance; (société d’assurance-vie étrangère)

foreign marine company

foreign marine company means a foreign company that is authorized to solely insure risks within the class of marine insurance; (société d’assurance maritime étrangère)

foreign property and casualty company

foreign property and casualty company means a foreign company other than a foreign life company or a foreign marine company. (société d’assurances multirisques étrangère)

fraternal benefit society

fraternal benefit society[Repealed, 1997, c. 15, s. 299]

  • 1991, c. 47, s. 571
  • 1996, c. 6, s. 83.1
  • 1997, c. 15, s. 299
  • 2007, c. 6, s. 256

Application

Marginal note:Application — insurance business in Canada

 This Part applies only in respect of the insurance business in Canada of a foreign entity.

  • 1991, c. 47, s. 572
  • 2007, c. 6, s. 257

Marginal note:Exception

 Despite section 572, this Part does not apply in respect of the insurance against injury to persons or loss of or damage to property, or liability for such injury, loss or damage, caused by nuclear energy, including ionizing radiation and contamination by radioactive substances, to the extent that, in the opinion of the Superintendent, that insurance is not available within Canada.

  • 2007, c. 6, s. 257

Insurance of Risks

Marginal note:Restriction on insuring of risks unless authorized

  •  (1) A foreign entity shall not insure in Canada a risk unless it is authorized by order made under subsection 574(1).

  • Marginal note:Restriction to specified classes of insurance

    (2) A foreign company shall not insure in Canada a risk unless the risk falls within a class of insurance that is specified in the order made under subsection 574(1) in respect of the foreign company.

  • Marginal note:Restriction on issuance of annuities or endowment insurance

    (3) Unless authorized to insure in Canada risks falling within the class of life insurance, a foreign company shall not issue annuities or policies of endowment insurance in Canada.

  • Marginal note:Transitional

    (4) A certificate of registry issued to a foreign entity under the Foreign Insurance Companies Act or Part VIII of the Canadian and British Insurance Companies Act, or any other authorization, that had not expired or been withdrawn before June 1, 1992 is deemed to be an order made under subsection 574(1) and the foreign entity remains subject to any and all other conditions and limitations contained in the certificate or other authorization.

  • Marginal note:Continuance of certificate limitations

    (5) A class of insurance specified in a certificate of registry or other authorization referred to in subsection (4) is deemed to be specified in an order of the Superintendent approving the insuring in Canada of risks by the foreign company.

  • 1991, c. 47, s. 573
  • 1997, c. 15, s. 300(F)
  • 2007, c. 6, s. 259

Marginal note:Application for order

  •  (1) On application by a foreign entity, the Superintendent may, with the approval of the Minister but subject to the other provisions of this Part, make an order approving the insuring in Canada of risks by the foreign entity.

  • Marginal note:Reciprocal treatment

    (2) If the application is made by a foreign entity that is not controlled by a WTO Member resident, the Minister shall not approve the making of an order under subsection (1) unless the Minister is satisfied that treatment as favourable for companies to which this Act applies exists or will be provided in the jurisdiction in which the foreign entity principally carries on business, either directly or through a subsidiary.

  • 1991, c. 47, s. 574
  • 1999, c. 28, s. 125
  • 2007, c. 6, s. 260

Marginal note:Prohibited names

  •  (1) An order made under subsection 574(1) may not provide for the use of a name that

    • (a) is prohibited by an Act of Parliament;

    • (b) is, in the opinion of the Superintendent, deceptively misdescriptive;

    • (c) is the same as or, in the opinion of the Superintendent, substantially the same as or confusingly similar to, any existing trademark, trade name or corporate name of a body corporate, except where

      • (i) the trademark or trade name is being changed or the body corporate is being dissolved or is changing its corporate name, and

      • (ii) consent to the use of the trademark, trade name or corporate name is signified to the Superintendent in any manner that the Superintendent may require;

    • (d) is the same as or, in the opinion of the Superintendent, substantially the same as or confusingly similar to, the known name under or by which any entity carries on business or is identified; or

    • (e) is reserved under section 45 for a company or society or proposed company or society.

  • Marginal note:Affiliated entity

    (2) Despite subsection (1), an order made under subsection 574(1) may provide for the use of a name that is the same or substantially the same as that of an entity with which the foreign entity is affiliated, within the meaning of subsection 6(2), if that other entity consents to the use of the name.

  • Marginal note:Representations to Superintendent

    (3) If the Superintendent does not make an order for one of the reasons specified in subsection (1), he or she must, by a notice in writing to that effect, give the foreign entity and any other interested party an opportunity to make representations.

Marginal note:Change of name

  •  (1) On the application of a foreign company, the Superintendent may, subject to subsection 575(1), by further order, change the name under which a foreign company insures risks.

  • (2) [Repealed, 2007, c. 6, s. 261]

  • 1991, c. 47, s. 576
  • 1996, c. 6, s. 84
  • 2007, c. 6, s. 261

Marginal note:Direction to change of name

  •  (1) If through inadvertence or otherwise a foreign company is permitted by an order made under subsection 574(1) to insure risks under a name that is prohibited by section 575, the Superintendent may direct the foreign company to change the name without delay.

  • Marginal note:Revoking name

    (2) Where a foreign company has been directed under subsection (1) to change the name under which it insures risks and has not, within sixty days after the service of the direction, changed that name to a name that is not prohibited by this Part, the Superintendent may revoke the name under which the foreign company insures risks and assign to it a name and, until changed in accordance with subsection 576(1), the name under which the foreign company is to insure risks is thereafter the name so assigned.

  • 1991, c. 47, s. 577
  • 1996, c. 6, s. 84
  • 2007, c. 6, s. 262

Marginal note:French, English or foreign form of name

  •  (1) The name under which a foreign company is authorized to insure risks, as set out in the order made under subsection 574(1), may be in an English form, a French form, an English form and a French form, a combined English and French form or a form combining words in a language other than English or French with one of the forms specified in this subsection.

  • Marginal note:Other name

    (2) Subject to subsections (3) and (4), a foreign company may carry on its insurance business in Canada under a name other than the name set out in the order made under subsection 574(1) in respect of the foreign company.

  • Marginal note:Direction to change name

    (3) If a foreign company carries on its insurance business in Canada under a name other than a name set out in the order made under subsection 574(1) in respect of the foreign company, the Superintendent may direct the foreign company not to use that other name if the Superintendent is of the opinion that the other name is a name referred to in any of paragraphs 575(1)(a) to (e).

  • Marginal note:Publication of name

    (4) A foreign company shall set out, or cause to be set out, its name and, if different, the name under which it is authorized to insure risks, in legible characters in all contracts, premium notices, applications for policies, policies, negotiable instruments and other documents evidencing rights and obligations with respect to other parties that are issued or made by or on behalf of the foreign company.

  • Marginal note:Publication of statement

    (5) A foreign company shall set out or cause to be set out in legible characters in all premium notices, applications for policies and policies that are issued or made by or on behalf of the foreign company a statement that the document was issued or made in the course of its insurance business in Canada.

  • Marginal note:Continuation of registered names

    (6) The name of a foreign company, as set out in a certificate of registry referred to in subsection 573(4), or in any other authorization, is deemed to be set out in an order of the Superintendent made under subsection 574(1) in respect of the foreign company.

  • 1991, c. 47, s. 578
  • 2007, c. 6, s. 263

Marginal note:Application

  •  (1) An application for an order under subsection 574(1) must be filed with the Superintendent, together with the information, material and evidence that the Superintendent may require, including

    • (a) documents relating to the constitution of the foreign entity;

    • (b) a power of attorney to the chief agent appointed under subsection (3), in the form that the Superintendent may require;

    • (c) a statement, in the form that the Superintendent may require, of the financial condition of the foreign entity and of the business of insurance undertaken by the foreign entity, and any additional statements or information that the Superintendent may require as to its solvency and its ability to meet all of its obligations;

    • (d) evidence satisfactory to the Superintendent that the foreign entity is authorized under the laws of the country where it is incorporated or formed to insure risks within each class of insurance in Canada that that foreign entity has applied to insure;

    • (e) in the case of a foreign fraternal benefit society,

      • (i) a report of an actuary appointed by the foreign fraternal benefit society, in the form that the Superintendent may require, on the results of an actuarial valuation made by the actuary, as of the preceding December 31 or as of any later date specified by the Superintendent, of each of the benefit funds maintained by the foreign fraternal benefit society, having regard to the prospective liabilities of and contributions to each fund, and

      • (ii) the opinion of the actuary that the assets of the foreign fraternal benefit society applicable to each fund, taken at the value accepted by the Superintendent, together with the premiums, dues and other contributions to be received after the date of the valuation from the members according to the scale in force at the date of the valuation, are sufficient to provide for the payment at maturity of all of the obligations of the fund without deduction or abatement; and

    • (f) a copy of the resolution respecting the investment and lending policies, standards and procedures that the foreign entity is to establish and adhere to in accordance with subsection 615(1).

  • Marginal note:Contents of power of attorney

    (2) A power of attorney referred to in paragraph (1)(b) must expressly authorize the chief agent to receive all notices under the laws of Canada from the Minister or the Superintendent.

  • Marginal note:Appointment of chief agent

    (3) A foreign company shall appoint a natural person who is ordinarily resident in Canada to be its chief agent for the purposes of this Part.

  • 1991, c. 47, s. 579
  • 1997, c. 15, s. 302
  • 2007, c. 6, s. 264

Marginal note:Publishing notice of intention

 Before filing an application referred to in subsection 579(1), a foreign entity must, at least once a week for four consecutive weeks, publish, in a form satisfactory to the Superintendent, a notice of intention to make the application in the Canada Gazette and in a newspaper in general circulation at or near the place where its chief agency is to be situated if it is granted an order under subsection 574(1).

  • 1991, c. 47, s. 580
  • 2007, c. 6, s. 265

Marginal note:Conditions for order

  •  (1) The Superintendent shall not make an order under subsection 574(1) in respect of a foreign entity until it has been shown to the satisfaction of the Superintendent that all relevant requirements of this Act have been complied with and that the foreign entity has

    • (a) vested in trust assets of at least five million dollars or any greater amount that the Superintendent specifies;

    • (b) appointed an actuary under section 623 and an auditor under section 633; and

    • (c) established its chief agency.

  • Marginal note:Conditions of order

    (2) The order may contain any conditions or limitations that are consistent with this Act and that the Superintendent considers appropriate.

  • 1991, c. 47, s. 581
  • 2005, c. 54, s. 299
  • 2007, c. 6, s. 265
  • 2012, c. 5, s. 144
 
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